Revolutionary War Pension and Bounty Land Warrant Application File W. 16,249, William Gillespie, Continental (Conn.)

SERVICE
NUMBER
Continental (Conn.)
Gillespie William
N. 16,249
Ellsworth Mary
(Former Widow)
CONTENTS

The certificate in this case was cancelled June 24. 1840, Mary Ellsworth not being entitled to a pension. See letter to A. C. Crary of June 24. 1840

Albany 5178
Mary Ellsworth widow of Jonathan  former widow  Ellsworth William Gillespie.
who was a pensioner under the Act of and who died on the 15. July 1802 of Oneida Co. in the State of N. York who was a Corpl. Duggins in the company commanded by Captain _____ of the regt. commanded by Col. Sheldon in the Cont. line line for 6 months & 28 days Corpl. 31.20 " 17 " 12 " Sgt. 130.50 $161.70
Enscribed on the Roll of Albany at the rate of 161 Dollars 70 Cents per annum to commence on the 4th day of March, 1836.
Certificate of Pension issued the 20 th day of March 1840 and sent to Hon. John G. Floyd, H.R.
Arrears to the 4th of March '40 646.80 Semi-annual allowance ending Sept. 80.85 $726.65
{ Act July 7, } 1838.
Recorded by D. Brown Clerk Book A. Vol. 2. Page 76

William Gillespie Born the 17 th day of May 1732 —————
Mary Holcomb Born the 12 th Day of Aprile 1761 —————
William Gillespie & Mary Holcomb Married Sept: 15 th 1782 —————
Mary Gillespie Born Nov: 25 th 1781 on Sunday the 10 th hour P.M. & Died Sept: 27 th 1782 Aged 10 Months & 2 Days
William Gillespie Born July 12 th 1783 the 6 th hour P.M. on Saturday
Mary Gillespie Born March 11 th 1785 Friday the 6 th hour P.M.
Walter Gillespie Born Feb: 14 th 1788 Monday the 5 th hour A.M.

Stone Gillespie Born Feb. 12 th 1790 Thursday the 3 rd hour A.M.
Marcus Gillespie Born Jan'y 30 th 1792 Monday the 2 nd hour P.M.
Menzie Gillespie Born Feb. 13 th 1794 Thursday the 5 th hour A.M. & Died the 17 th Nov. 1795. Aged one year nine Months. & two days.
Menzie Gillespie Born April the 12 th 1796 Thursday the 8 th hour P.M.
Jabez Gillespie Born Nov. the 20 th 1798 Tuesday the 17 th hour P.M.
John Haganan Gillespie Born Feb. 1 st 1801 Wednesday the 4 th hour P.M.
William Gillespie Died July 13 th 1802 Aged 12 years and 2 Months

{ III } Gillerkie Papers
His Application
Mary Ellsworth; Widow of William Gillerkie Rev. Soldier

Declaration.
State of New York, } ss. Oneida County, }
On this 16 th day of June in the year 1856, personally appeared before me in open court, the same being a Court of Record, at my office, in Kirkland, held in and for said County, as Surrogate, Walter Gillespie, Administrator of the Estate of Mary Ellsworth, widow of William Gillespie, a soldier of the Revolution, and subsequently widow of Jonathan Ellsworth, they having both long since deceased—
And said Walter Gillespie, Administrator as aforesaid, after being duly sworn, on his oath doth say, that he is Administrator of the estate of Mary Ellsworth, aforesaid, who in her lifetime, was an applicant for a Pension under the act of July 1838— and to whom, or for whose name, and for whose benefit, a Certificate of Pension was issued; but that, as he believed, by some mistake or misconception of duty, or misconstruction of the statute under which it had been issued, the Pension was not paid by the Pension Agent at Albany, and was, as the undersigned believes, returned, by said Agent, to the Department at Washington, to be cancelled.
And said Walter Gillespie, on his oath further says— that his mother, the said Mary died after the application, by her, for said Pension Certificate, and not long before the Pension Certificate was received by the undersigned— and that no money was ever obtained thereon— and that his mother, said Mary died on the 20 th day of February 1840, and had not re-married since the passage of the Act of July 1838, at which time she was a widow.

And the said Walter Gillispie, Administrator as aforesaid, on his oath further says, that this Declaration and Application are made for the purpose of obtaining the Pensions of Pension due from the Department for the services, proof of which, by William Gillispie, once the husband of said Mary, is on file with the Department and it was this proof of the service, marriage and death of said William, on which the Pension Certificate was issued to said Mary, as herein before mentioned — one of the heirs of whom and the Administrator of whose estate, he is.
And the said Walter Gillispie, Administrator as aforesaid, of the estate of said Mary Ellsworth, his mother, requests that on the examination of the Documentary Proofs of the service of said William Gillispie his father, a Revolutionary Soldier, and his marriage with said Mary, the mother of the undersigned Walter Gillispie, and the death of his father, said William Gillispie, on file with the Department, and now on proof, as herein, and herein after given of the death of said Mary, and the appointment, as herein attested, of the appointment of the undersigned as Administrator of the Estate of said Mary, the Department will forward to the undersigned Administrator aforesaid, to the care of his full attorney Jay Hathaway Esq. of Rome, in this Oneida County, N.Y. or to the care of his personal friend, O. B. Pierce, of Rome N.Y. a Certificate of Pension, or hearing Draft, for the amount which shall be found due to the heirs of said Mary, from the Proof as just above mentioned, now on file with the Department — the said Mary, as herein before mentioned, having died Feb'y 20 th 1840 —
Walter Gillispie
We the undersigned affiants, J. O. Gridley and O. B. Pierce, residents of Oneida County, do on

our oaths declare, that the foregoing Declaration was signed and acknowledged in our presence, by Walter Gillespie of the town of Kirkland, County of Onondaga and State aforesaid - that we have known him for many years, and know that he is the person that he represents himself to be.
James O'Grady
O. B. Pierce
The foregoing Declaration of Walter Gillespie, and the Affidavit of James O'Grady and O. B. Pierce were sworn to and subscribed before me on the day and year above written - and I certify that I know the affiants to be credible persons, that from several years acquaintance with him, I know the applicant is the person that he represents him- self to be; and I have no interest in this claim.
Henry G. Burdick Prorogate of Onondaga Co. N.Y.

Surrogate's Certificate, affidavit re State of New York } County of Onondaga }
I, H. M. Burchar Surrogate of said County, do hereby certify that at a Surrogate's Court, held in open said County before me at Kirkland in said County, on the 17 th day of June 1856, the same being a Court of Record, it was proved by testimony satisfactory to said Court, viz: by the oaths of Walter Gillespie and Julia Gillespie of said town, who are credible witnesses, & who on their oaths do say, that Mary Ellsworth late of said town, died on the 20 th day of February 1848, that she was at the time of her death widow of Jos. Ellsworth deceased, & formerly widow of William Gillespie a Soldier of the Revolution, & was also a pensioner of the U.S. for the services of Jos. William, to whom she was married during said war. — That she died without receiving any pay under her certificate, and left the follow- ing named children her surviving viz: Walter Gillespie, aged 68 years, & Mary Gillespie aged 71 years s. and Mary Gillespie (who has since died, in 1846.) and they are her only chil- dren her surviving, — & are severally at the age of 21 years, and are all children of Jos. William.
Subscribed & sworn to before me, at date. —
Walter Gillespie Julia Gillespie
H. M. Burchar Surrogate of the County of Onondaga N.Y. and I the said Surrogate do further certify, that Walter Gillespie has been duly appointed Administrator of the estate of the said Mary Ellsworth deceased, and is legally authorized & qualified to act as such, and do also certify that said Walter is

Sick, & wholly unable to go from home, to County Court. — The Bond executed by Administration & Sureties, is for the penal sum of $1600. — [Six-
teen hundred Dollars.]
In testimony whereof I have hereunto subscribed my name, & affixed the Seal of said court this 17 th day of June A.D. 1856. —
Henry G. Bruchard Surrogate of the County of Oneida N.Y.
clothes Papers
Surrogates Certificate
Mary Bruchard, Heirs of
William Bruchard Deceased
{ II — }

1234 Mary Ellis Moore Declaration & Affidavits
Ad. July 7. 1838
Mourned 15. Sept 1782 Husband d. Feb 1802 15 July 1802.
Forwarded by Arch l Library of Clinton Oneida Co.
Count, Line N. York Col. Sheldon - 2 Reg. Dragoons
Adjutant mo Sergeant of Dragoons 17 12 6 28 Corporal " 6 28 2 yms
Hon. Geo. G. Floyd, H. R.

State of New York Oneida County ss - Walter Gellespie - of Hamilton in said County being only says that he is (as he has ever been informed and only believes to be true) the son of William Gellespie and Mary his wife - named in the annexed record - (aged fifty years) - and this deponent further says that the said record has from the earliest recollection of this deponent been kept in the families of said William Gellespie - and of this deponent - as the family record of said William Gellespie and that said record except so much thereof as relates to the death of said William Gellespie - is in the handwriting of said William Gellespie - and that the record of the death of said William is as this deponent believes in the handwriting of the late William Gellespie a son of said William Gellespie first named - and that said Mary is now a wid- ow and for her dower has been allowed her one fourth part of the real estate of said William Gellespie - Given at Hamilton this 4 th day of Sept r - 1832 - Walter Gellespie W H Hubbard Com of Deeds
The record of said Mary's record - is in the handwriting of said William Gellespie - - from which it appears that said Mary is now a widow - - and that said William Gellespie is now deceased - - and that said Mary is now the widow of said William Gellespie - - and that said William Gellespie is now deceased - - and that said Mary is now the widow of said William Gellespie -
State of New York Oneida County ss - I William H Hubbard The Com s of Deeds before whom the foregoing affidavit - subscribed by Walter Gellespie was sworn - do hereby certify that I am well acquainted with said Gellespie and that he is a respectable person and that his state- -ment is entitled to credit - W H Hubbard Com of Deeds

State of New York Oneida County
James Dean Clerk of said County - do hereby certify that William M. Hubbard Esq. before whom the foregoing affidavit subscribed by Walter Gellerfull purports to have been sworn - was at the time said affidavit bears date - a Com r of Deeds of said County and duly authorized to take affidavits - And I do further certify that I am well acquainted with the hand writing of said Com r and that his hand to said affidavit subscribed is his proper hand writing and genuine -
In testimony whereof I have

Witness my hand and seal the seal of said County - this 14th day of Sept 1888 —
James Dean Clk.

Comptrollers Office Hartford Augt 23 1838
I certify that on application for evidence of the service of W m Gillispie, I have examined the records of settlement made with the Compt. Genl. of the Continental Army, and find his name in a settlement with the 2 d Regt. Light Dragoons, Elisha Sheldon Esq. Col. before 1780, where he is entered as a private. May 7 1777. Time of settlement Feby 1 st 1778. making 8 mo 24 days. Again Same Regt. as Corp t Feby 1 st 1778, Time of settlement June 1 st 1779 making 1 yr 4 mo. Again as Serj t June 1 st 1779. Time of settlement Jan'y 1 st 1780. making 7 months. Again as Serj t commenced service Jan'y 1 st 1780. Time of Nov r 1 st 1780 making 10 mo 2 days — Mary Williams
State of Connecticut
New Haven County — ss — Isaac Gurnee of Windsor in said County being duly sworn says — That he was well acquainted with William Gillispie — named in the foregoing certificate — That said Gillispie — at Windsor aforesaid while in service in said one Regiment of Dragoons — in 1780 — and that

said Gillespie married Mary Holland That said Gillespie died at Windsor aforesaid in 1802 - That this wife married a sister of said Mary; and is now eighty nine years of age - Isaac Griswold
State of Connecticut } Windsor August 27 th 1838 Hartford County ss - } Richard Miles
The prothon of the former before whom the foregoing affidavit was sworn to hereby certify that I am well acquainted with Isaac Griswold who subscribed said affidavit - that he is a respectable person and that his state- ment is entitled to credit -
Richard Miles Justice Peace

State of Connecticut County of Hartford ss Hartford, Aug. 29, 1838.
I James H. Holcomb Clerk of the County Court for said County of Hartford hereby certify that Richard Niles who has sub- scribed the foregoing certificate is a Justice of the Peace in & for said County duly authori- zed to take the acknowledgement of deeds and that his signature above subscribed is genuine.
In witness whereof I have hereunto set my hand & affixed the seal of said Court the day & year last aforesaid
James H. Holcomb Clerk.

State of New York
Dutchess County ss -
On the eighteenth day of August eighteen hundred and thirty eight - personally appeared before me Pomroy Jones one of the judges of the Court of Common Pleas - of the County aforesaid Mary Elsworth - a resident of the Town of Heikland in said County aged seventy seven years - who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the Act of Congress passed the 7 th day of July 1836
That she is the widow of Jonathan Elsworth - That she married said Elsworth in the year eighteen hundred and six - That said Elsworth died - (in the same year last aforesaid -) And this deponent further says that in the year eighteen hundred and eighty two on the fifteenth of September she married William Gillispie - in the Town of Windsor - County of Hartford - State of Con- -necticut - That said Gillispie - when this deponent first became acquainted with said Gillispie - he was a sergeant in Captain Hopkins - company - of Col. Sheldon's Regiment of horse - That she became acquainted with said Gillispie - in the winter of eighteen hundred and eighty - That said Gillispie was discharged - The that she understood - from said Gillispie that during the winter of 1776 - he was stationed at Durham County of New Haven County That said Gillispie died the 15 th day of July eighteen hundred and two - at Windsor aforesaid - And that she has remained a widow since the death of said Elsworth As will more fully appear by the proof.
1806
1802 Sept

hereby annexed - I swear and subscribe the day and year first aforesaid
Walter Gillespie Mary Ellenworth Merry Jones Judge etc
State of New York
Onondaga County ss - Walter Gillespie of said
land of the County aforesaid being duly sworn says that he is the son of Mary Ellenworth who has subscribed the foregoing declaration subscribed by said Mary Ellenworth - aged fifty years that he was with William Gillespie above named - at the time of his death that said Gillespie - died the thirteenth day of September July eighteen hundred and that - at Windsor Connecticut
That he has frequently heard said Gillespie - state that he had been in the service of the United States - and relate the facts connected with said service -
Sworn to subscribed - The 11 th day of Aug - 1838
Walter Gillespie
Merry Jones Judge of Onondaga county
I Perry Jones - one of the judges of the Court of Common Pleas of the County of Onondaga - do hereby certify - that it after a careful examination in the matter of the application of Mary Ellenworth for a pension - that said Mary Ellenworth was married to William Gillespie - that said Gillespie died the 13 th day of July 1838 - that said Gillespie served as the

18 The said Mary Ellsworth - etc forsooth And I do further certify that Walter Gillispie - who has subscribed the fore- going affidavit is well known to me and that he is a respectable person and that his statement is entitled to credit - And that said Mary Ellsworth is from age and mental debility rendered unable to attend either of the Courts of sessions of the County of Onondaga -
In testimony whereof I have hereunto set my hand this eighth day of August 1858
My My Judge

State of New York Rutland County ss
I James Dean - Clerk of said County do hereby certify that Simon Jones Esq. who submitted the foregoing certificate - and before whom the foregoing affidavits of Mary Ellsworth - Walter Gilley and others - for proof to have been sworn, was at the time said certificate and affidavits bear date, one of the judges of the Court of Common Pleas of said County and duly authorized to perform the duties of said office - And that said Court is a Court of Record by Statute.
And I do further certify, that I am well acquainted with the hand writing of said judge - and that his signatures to said certificate and affidavits are his proper hand writing and genuine
In testimony whereof I have hereunto set my hand, and affixed the seal of said Court - This 21st day of August eighteen hun- -dred and thirty eight -
James Dean, Clerk J. Henry Tuttle, Dep. Clk.

Town Clerks Office Windsor Connecticut Hartford County
August 28 th 1838
I hereby certify, that I have this day carefully examined the records of this Town, and do not find the marriage of William Gillispie to Mary Holcomb on record.
And I further certify, that in referring to the letter, G, I find there is an entire omission of marriages records from February 1789 to November 1821
William Howard Town Clerk
State of Connecticut Windsor August 28 1838.
Hartford County ss Personally appeared before me the subscribing authority, William Howard who has subscribed to the above certificate, and made oath that the facts therein held forth are true according to his best knowledge and belief
Giles Ellsworth Justice of the Peace
And I certify that I am personally acquainted with William Howard and know him to be Town Clerk as above stated, and that he is a credible witness,
Giles Ellsworth Justice of the Peace
State of Connecticut
Hartford County ss. Hartford. Aug. 29, 1838.
I James H. Holcomb Clerk of the County Court for said County of Hartford hereby certify that Giles Ellsworth is a Justice of the Peace in & for said County, duly authorized to take the acknowledgment of deeds in said County, & that his signature above subscribed is genuine.
In witness whereof I have hereunto set my hand & affixed the seal of said Court the day & year last aforesaid.
James H. Holcomb Clerk.

Rev WIDOW, &c.
File No. 16249
Mary Ellsworth former Widow of Jonathan Ellsworth William Gillespie of South New Haven
Act July 7 th 1838
Index: Vol. a , Page 214
[Arrangement of 1870.]

Mary Ellsworth, widow of Jonathan Ellsworth, N. York
act 7 July 1838
Rejected - See letter to A.C.
Cram June 24. 1840
See letter to same May 29. 43
" Wm O.B. Mallon " 31/56
Gay Hathaway June 10/66
ad files
ad, a A, 7 th July 1838

N.Y. Oct. 1838
Mary Ellsworth widow of Jonathan Ellsworth, N.Y.
Rejected, see letter to A.C. Gray June 24/1840 same May 19, 1843 -
Hon O.B. Matheson May 31/1856 - Jay Hathaway June 10/1856 - Hon O.B. Matheson Sep 9 1856 -
Hon. O. B. Matheson, Dec 27/56
July 7/1838

Widow of Wm Gilchrist & lately the widow of Jonathan Elsworth & pensioned under the latter name, but pension withheld - of New York a plain case for a pension
Irona Academy Mary Elsworth No 38-5178
Mother married Sept 1782 She married Jonathan Elsworth Esq., & he died a widow in 1840 - cut off by the law with W. H. Sec 14 '48 he encountered financial trouble one after marriage, &c a petition Congress to manage it at $ 2 children living pension certificate in hand with her fee -
Walter Gilchrist Clinton - Oneida Co NY
15-907 Feb 15 1843

Walter Gilchrist Clinton - Oneida Co NY
15-224-3 Feb 18 1878
Mother Married Sept 17 82
She married 2 nd time 2 nd husband died, & she died a widow in 1840 - cut off by the law Wrote W. G. Dec 14 '48 he could scarce stand for service since after marriage, He on petition Congress & manage it at \frac{1}{3} - 2 children living pension Certificate in hand with held rec -
From Family Mary Clement A 6-38-5178
Widow of Mr. Gilchrist early in widow of Jonathan Gilchrist A pensioned under the later name, but pension withheld - of New York a New case for a pension

Minton December 11 th 1846
Sir I have omitted to answer your last finding that you had corresponded with Mr Bikes I had intended to have enclosed an answer in his, but as he has not as yet written I thought I would drop a line I suppose that he intends to write you but if he should not I will say that the widow Johnson that has been speaking of is dead she died I believe the 16 th of February 1846. In reference to my Father he took a discharge from the Army in November 1740 and went a privateering of course on his own responsibility and between 1740 and Sept 1742 he was taken prisoner and detained in New York ten months, and as he states in his memorandum book was exchanged to New London in Connecticut, and from there he came to Windsor in the same State and was married, I suppose that he was exchanged as a prisoner of war by the authority of the Government, this was before the close of the war, but married after the exchange. I cannot see as there could be any service rendered to the Government after his marriage unless there was restrictions or obligations laid upon him as a condition in the exchange if so perhaps that will be rendered as service, I simply mention this you can judge of it better than myself. I have sometimes thought that it might be within the limits of possibility for Congress to pass a special act in this case if they could ascertain the services rendered, and the second marriage of my Mother being only for the space of about six months and her dependence so much upon her children for support Yours & Walter Gillerspie

Hartland N.Y. Aug 1 st 1856
To the Honorable Com r of Pensions
Sir I am the son and heir of William Gillespie, a soldier of the Revolutionary Army, in the Connecticut forces of the same, and late of the Town of Windsor Connecticut, deceased, whose Widow, since, Mrs. Ellsworth, by a second marriage, in 1806, and, by the death of her second husband, in 1806, as the undersigned has always understood and believed, became a second time a widow, who is heir to her estate, was the mother of the undersigned, and though before her death, application was made for a pension for her benefit; yet for some cause, she failed to obtain a Certificate.
Now for the further prosecution of the claim for a Pension, for the benefit of the heirs of my said mother, I do hereby constitute and appoint Jay Hathaway Esq of Rome, Oneida Co. N.Y. my true & lawful attorney, for me and in my name, to prosecute said claim, and to receive any pension or  any money or that may be due or hereafter become  become due, or be allowed for, and in consideration of the Revolutionary Services, of said William Gillespie.
The Department are hereby requested to send to my Attorney, said Jay Hathaway Esq

of Rome Oneida Co N.Y. copies of all papers  sent by me now on file with the Department at Washington touching the services of said Williams as aforesaid and to notify said Attorney of what further, if any thing, is necessary to substantiate said claim State of New York, Oneida County, ss. } The foregoing Power } of Attorney, and Statement } of Facts, sworn before } me, this 1 st day of May, 1856. W. H. Hubbard Justice of Peace.  Walter Gillmor
Walter Gillmor Power of Attorney to Jay Hathaway, Rome N.Y.

Clinton Oneida County N. York - April 10 th 1843
Sir
On the 17 th of June 1840 - I made application for a pension for Mrs Mary Ellsworth - the widow of William Gallowsie, deceased, - and forwarded the evidence of her marriage, - the death of Gallowsie, - with the Certificate of the Comptroller, of the State of Connecticut, (if I am not mistaken) of his services - at any rate the enclosed letter - from the Commissioners of Pensions - of the 24 th of June 1840 - places the rejection of Mrs Ellsworth's claim, on the construction there given to the Act of Congress of July 7 th 1838, - which has since been amended. I therefore take the liberty of renewing this application for a pension -
The petition to Congress - subscribed by Mrs Ellsworth and forwarded to the House John G. Floyd, - and by him (through mistake) deposited in the Pension Office, - is I believe attached to her Pension Papers, - and now on file in the Pension Office -
James F. Edwards Esq c Clerk of Senate City of Washington - Yours in Respectfully Your obed t Serv t Arch d Leary

{ I }
Pension Office
May 26, 1856.
Sir,
I herewith enclose the regulations under the Act of July 7, 1838, which will meet the case stated by you in your letter of the 5 th inst. One of her children should make a declaration, as near as may be in the prescribed form, before a Court of Record, and the evidence of service and marriage ad- duced as directed.
A Court of Record should also certify when the widow died, and state the names and ages of her children now living, whether by her first or second husband, who are equally entitled to a share of her pension. For the kind of evidence on which the finding of the Court should be based, see the second regulation in the accompanying printed sheet marked No 2. If a pension is granted an administrator must be appointed to pay the annuity to her children - whose appointment must be certified by the proper Court and the amount of his bond stated.
Very Resp t Yours W. Cole Acting Comm r ,
C. B. Pierce Esq Rome N.Y.

Mr. Gillespie Died Rev. Pres.
2 o . Jos. Ellsworth Died at Windsor 1806 Mary Ellsworth died at Kirkland Feb 1840 Walter Gillespie of W. Rotham
Copy of {1.1} Gillespie Census Com tee allows Application Mary Ellsworth, Widow of William Gillespie Rev. Soldier

Clinton Oneida County N. York - June 17 th 1846
Sir
The Pension Certificate issued to Mary Ellsworth - together with the powers of attorney of her heirs, Mrs Ellsworth having due cause for application have been presented to the Agent for paying Pensions at the City of Albany, on which payment was refused on the ground that funds had not been provided to meet this demand - The Pension Agent, at the same time informed the gentleman who presented these papers, that he should not have been authorized to pay on Mrs Ellsworth's pension certificate, there having been a mistake in filling this certificate, the name of Jonathan Ellsworth, Mr Ellsworth's second husband having been inserted in the certificate instead of that of William Gellerfni - her first husband - The certificate of Mrs Gellerfni - is enclosed.
I am Sir Respectfully Your obedt Servt A. B. Albray
James L. Edwards Esq. Comr of Pensions City of Washington -

Home, Oneida Co., N.Y., Sept 22 nd 1856.
Dear Sir:
You will pardon my troubling you with this note - a thing which I do very unwillingly but of necessity.
I write to inquire as to the matters of Mary Ellsworth, and papers forwarded, by me, from her son, Walter Gillespie, by her first husband, William Gillespie, the Revolutionary soldier for whose service she, while living, claimed, and her son, and heir, an administrator now claims the pension.
These papers I sent in the summer; and as said Walter Gillespie was, then, and for months, has been quite sick, confined to his room & bed, with no prospect of recovery, I was anxious to call your immediate attention to the papers - and all the more as they had lain some sixteen years. Strongly to every one, said Walter still living but no one thinks he will survive the coming severe weather of this northern climate, low as he is.
Will you, then, excuse my pressing to have his matters regarded and treated as a specialty , as they certainly are entitled; and for humanity's sake allow me very soon to hear from them by the action of the Department. [Over.

Also, will you pardon me in calling your attention to some Land Warrant Claims, forwarded, as special cases, through Hon. C. B. Matterhorn At 6 from this District.
One of the claimants Jared Tryon , was then very feeble, and is failing fast — and has no widow or orphan children to inherit the claim — but he is supported by a poor and sickly brother, to whom the small relief would be a God-send.
Another, John Sibbits , is now 73 years old without wife or orphan children — and must very soon leave us.
Another, Jonathan Sibbits is now 80 years old — and the other, Joshua Steves , at the age of 67, feels heavily the pressure of years.
Tryon's claim is for military service — The others for service as Teamsters.
In view of all the facts, the proofs being perfect, may they not hope — (as they continue to press me —) that by over-hour examinations, or otherwise, you will soon forward the Warrants.
Pardon my importunity. I realize the pressure always on the Department — but few, if any, can present stronger claims than these, for early, immediate attention.
Very Respectfully Yours,
C. B. Matterhorn
Hon. S. Cole. Actg Com r Pensions.

To Hon. C. B. Matteson for the Commencement of Pensions.
Case of Mary Gillsworthy, formerly Widow of William Gillerspie, a Sergeant in Col. E. Sheldon's Regiment of Cavalry, in the War of the Revolution.
Application now made by Walter Gillerspie, son of said William & Mary.

To Hon. O. B. Matteson, per the Commissioner of Pensions.
Revolutionary Pensions.
Case of Mary Ellsworth, widow of Jonathan Ellsworth, and, by a former marriage, widow of William Gillespie, a Soldier of the Revolution, for whose services she claimed a pension.
Rome, N. Y. Aug. 8 th , 1856.
Rev. Sir:
I beg leave to direct your immediate and careful attention to the following facts, touching the above case the papers of which, proofs, &c, are on file with the Department.
That William Gillespie of Connecticut, entered the Revolutionary Army in 1775, and served in the Infantry , two years , in the Northern Campaigns.
That in 1778, he joined the Cavalry , and served three years , as Sergeant, in Col. Elisha Sheldon's Regiment of Horse.
That, having fulfilled his term, he was discharged, and the same year - 1780 - engaged in cruising against the British mercantile marine.
That he was captured - and after enduring, six months , the horrors of a New York imprisonment, by the British, he was in 1782, exchanged, and taken to New Britain, Conn., whence he went to Windsor, and was married, in 1782, to Mary, the claimant above-named.
That with a constitution broken by the fatigues, exposures, and privations of the service, and his imprisonment, which prevented his pursuit of his trade - that of a mason - he lived till about

The year 1802, when he was relieved of his sufferings - his death having resulted from an aggravated form of Chronic Rheumatism, clearly traceable to the hardships of the public service -
That in the summer of 1806, his widow, said Mary, married Jonathan Ellsworth, of Windsor, Conn., who died in October of the same year - 1806 - and she never afterwards re-married -
That some time before the death of said Mary, in 1840, application was made for a pension, under the Act of July 7 th 1838, for the services of her first husband, said William Gillespie, Sergeant of Cavalry, as aforesaid -
That the original proofs of service , &c. &c., were forwarded to the Department -
That these proofs having been deemed sufficient , a Pension Certificate was forwarded for her benefit -
That her son Walter Gillespie, by her first husband, the soldier - (she having had no children by her second husband -) went to the Pension Agent, at Albany, for the money -
That said Pension Agent declined to cash the Certificate, on the ground of her second marriage in 1806 - and the Certificate was returned to the Department, in consequence; and was canceled - This was in 1840 .
That said Mary, the claimant, died the same year, July 20 th 1840 - and the matter remained thus till about

Three months ago, when the undersigned, from friendship and humanity, solely, interested himself in bringing the case again before the Department—
That in pursuance of his plan, he went to Kirkland in this, Oneida County, and procured the appointment of Jay Hatterway Esq of Rome, in said County, as the Attorney of Walter Gillespie, son of said Mary, and of said William Gillespie, the soldier—
That said Jay Hatterway, and the undersigned both wrote to the Department, as such; and, having waited a few days, the undersigned wrote under cover to yourself, a letter to Mr Cole, Acting Commissioner, requesting an early answer on account of the sickness—(probably his last) of said Walter—
That the accompanying paper, marked I— was soon received from Mr Cole, as Acting Commissioner— Please turn to and read No I—
That as soon as might be, from his own health, the undersigned, in pursuance of the directions accompanying No I— went to Kirkland, and procured, executed, papers Nos II and III— which please to examine—
That having been delayed, by ill-health, in sending on these papers, Nos. II & III; about three weeks later, (by your absence from Washington, and its having been inclosed to you) I received No II— containing the import of No. I, and bringing matters to a dead halt—
That since the reception of No II— which see— and wishing to consult Mr Hatterway, the Attorney for Mr

Gillespie, and Mr Hathaway being confined to his house by sickness; and, later, myself being prevented from business, by indisposition; the matter has rested till this date — Mr Hathaway, even now, scarcely being able to sit up.
Such, as are herein before given are the substantial facts of the case to the present writing — and the disagreement between papers No I and II, explained only in this way — That No I was the result of a full, careful examination of all the circumstances, by Mr Cole , the Acting Commissioner, in person ; while No II , though signed by Mr Cole as Acting Commissioner, but written in a different hand , was done by a clerk in the Department, after a more hurried and less careful examination; and the paper there simply laid before Commissioner Cole for his signature.
In presenting, as hereinafter, my view of the legal bearings of the case, I beg your careful attention to the points, made; and beg also, that you will personally read these views, to the Commissioner, and add to their force, if you concur in them, by suggesting whatever else shall occur to you — and, with all deference to the Commissioner, if his views, on examination, shall be diverse from mine, as hereinafter given, then, to save time, for Mr Gillespie's sickness, I beg you will lay the whole matter before the Attorney

General, by way of Appeal, and ask his earliest possible attention to the subject. In fact, I wish you ask of him an hour, and present the matter, young, to his consideration, for his prompt decision, on account of the fact that Walter Gillespie, the present claimant, is now confined to his room - and for months, has been, by what, there is little doubt, very soon will prove his last sickness - and he is anxious to close this matter, for the benefit of his family, before closing his eyes in death.
The Act of July 7 th 1838, as touching this case, has the following language.
"If any person who served in the war of the Revolution, in the manner specified in the Act passed the seventh day of June eighteen hundred and thirty two, &c. have died, leaving a widow whose marriage took place after the expiration of the last period of his services, and before the first day January, 1834, such widow shall be entitled to receive for and during the term of five years from the fourth day of March 1836, the annuity or pension which might have been allowed to her husband, by virtue of said act, if living at the time it was passed. Provided , that in the event of the marriage of such widow, said annuity or pension shall be discontinued ."

To know how to construe any statute, one must study its spirit or intent . You will see by reference to the language of the Act of 1838, there is no allusion to the circumstance (as necessary to the pension,) that the woman shall be  and have remained the widow of the soldier — and the inference of the Clerk who drew Paper No IV, is, I think, not warranted by the terms of the Act, & especially as construed with similar acts.
The Act says — "If any person who served in [and he died] — [and William Gillespie died] — has died leaving a widow whose marriage took place, &c before the first day of January, 1784 — [and hers did ] — such widow — that is the wife whom he left a widow , — shall receive the annuity or pension, &c &c — [All of which parts in her case, agree exactly with the letter and humane spirit of the law.] The Act however, continues —
"Provided, however, "that in the event of [That is, of course, subsequent to the passage of the Act] the marriage of such widow, said annuity or pension shall be discontinued — all looking to the future .
To me, this clause contemplates two things — and only two — 1 st , the state of widowhood , and consequent dependence , of the soldier's wife , that is, her being in a state of widowhood and consequent dependence, at the date of the passage of the Act — and, 2 nd , her re-marrying after the date of the Act .
If the Act found her in a state of widowhood dependence [the gist of the spirit of the Act is here —] she

was to receive the annuity on account of the services of him, and her relation to him, who had been her husband, but whose death had left her dependent — but if, being a widow — whose so ever if widows, if once the wife of the soldier, and if, from being such widow , now receiving aid from Government, she prefers, ( in the future , or after the date of this Act,) to exchange her widowhood with the Governmental aid , for marital or connubial life, without such aid ; why, it is an affair of her own choosing , that she voluntarily resigns her statutory relations to the Government — and it is no fault of the Government, no ingratitude toward the deceased patriot who once cherished her as his wife, that she now resigns the relations and statutory perquisites of widowhood for a condition, by her, regarded as more favorable to her happiness — and this with the statutory consequences of marriage, before her — But, if, being in widowhood and consequent dependence, by the death, not more of her second husband , than of her first and more cherished, the soldier, the law is to make her former re-marriage, also against its justice and bounty, by cutting her off for a prior necessary act, when there was no law to allow her the alternative of continued widowhood with Governmental support, then the statute

unfair by its retro-action in condemning her for having not continued a widow and dependent , while yet the law had made no provision for widows.
Such, certainly, I think, can not have been the intention of the Act - and if any have so construed it, I think it must have been by inadvertence from the pressure of business on the Department.
I repeat, then, my full conviction - that the law was intended to include all widows who had been wives of the soldiers entitled, if they had been living, to the statutory pension - and provide that in the event of their marriage - [not their having married ] their pension shall be [in subsequent future ] discontinued - as it could not have  been intended to punish the widow of the soldier for having already prior to the Act endeavored to save herself from being a public burden, where at the time of her re-marriage, Government had made no provision for sustaining her in widowhood - But being a widow - any body's widow , if only a widow , and once the wife of the soldier , the Act was intended to embrace her in its provisions - and there , if, subsequently, with her eyes open to all the facts and consequences, she

She resigns her widowhood and pension in view of more favorable considerations, it becomes her own act, and the results are her own - since Government was content to sustain her till she voluntarily relinquished its aid - but the Act could not have been intended to hold her responsible for her re marriage, prior to its date, when, as yet, the Act, not having been passed, could not have offered her an alternative. — and
¶ If any official has, meantime, established rules of proof contrary to the humane spirit of the Act, it is the duty of subsequent officials to revise the proceeding, to secure justice in the premises — for
¶ The Act provides that the designated officials shall prepare rules of proof, &c, for the carrying out of the provisions of the Act — in conformity to its letter & spirit — and for the hurry of business, the Secretary of War or the President, or both, had by oversight established rules which have been construed contrary to the letter and spirit of the Act, it is, I submit, the duty of the Department by revision of such construction to adapt the rules to the letter & spirit of the law, and  to do substantial justice in the premises. Nor is this all.
The Act of March 3 d 1837, holds this language: "Provided, that she was a widow at the time it

[the Act] was passed — Or, more fully — "The benefits of section 20 and 21 shall not be withheld from any widow in consequence of her having married after the decease of the husband for whose services she may claim, &c. &c. — Provided she was a widow at the time it passed. This was the language of the Act of March 3 d 1837 — a year and four months prior to the Act of July 1838 under which this claim is prosecuted and it shows the humane and liberal intention of the Government in all such cases — and
Then, when, it seems, there had been some doubt in the Pension Department, the Act of August 23 d 1842, adopts the spirit language of the Act of 1837 , and applies it directly to the Act of 1838, so as to form a continuous explanation of the intermediate law of 1838 — Thus [1842] "The marriage of the widow after the death of the husband for whose services she claims a pension, &c. &c. shall be no bar to her being a widow, (as was Mrs. Ellsworth) at the time she makes application — and not only was this so, with Mrs. Ellsworth for whose heirs by the soldier Gilkerson, this claim is interposed (and she had no other children) but Mrs. Ellsworth's second husband died about three to four months after their marriage, in 1806 , so that, at the date of the Act under which her

children claim, she had been a widow some thirty two years, and so continued till she died in
1840 - and though not technically the widow of the soldier, she was the widow  widow who had been the wife of the soldier and just as much a widow, and just as dependent on the son of the soldier as though she had not remarried. she was such a widow at the date of the Act, and so continued to her death in 1840.
Now, I think, from the language of the Act of 1837 which is palpable in its meaning; and the language of 1838 (under which they claim,) that will bear the same construction , and would be unreasonable, and inconsistent with its purpose, with any other construction ; and after (it seems,) there had been some doubt, the language of 1842 which is unmistakable, and was intended to clearly indicate, (from its very inception, tho' not so expressed, in terms,) to cover and clear up, retroactively , the cases the ante- rior cases which had raised the doubt, and, by consequence, has originated the Act of 42 . From all these considerations, I think the Cile, the Commissioner is fully authorized in his decision - Paper I , and his directions under which Papers II & III have executed to be foreordained, as herewith inclosed -
3 The case pages 63 & 4 of the Pamphlet Pension Laws, & which Hon. Felix Grundy decided, seems to have been a case where the widow of the soldier was either living with her second husband at the date of her application, under the Act of 1838, or had married subsequent to the passage of said Act.

and in such case, the decision was highly proper.
3 On page 122, of said Pamphlet Lausse &c I find, in the language of Sec of War, Hon John C. Spencer, "The Act of 1838, provided for those who were widows at the time of its passage that is, at excluded those who were married at that time ."
This, in contravention of Com dr Edmonds opinion, is perfectly in keeping with the spirit of the Act, and is in full accordance with my own view, as with Acting Commr Cole, as per Paper No I, inclosed.
I have but little to add, and the case is submitted.
3 Walter Gillespie, son of the old soldier, the first husband of Mary Ellsworth, is a most excellent kindhearted public-spirited man & citizen, whom I have known, now, nearly forty years from my childhood, up.
3 For more than twenty years , by the labor of his own hands, as a blacksmith, he supported his own family, and his mother, the widow of William Gillespie, the soldier, and later after six months of married life, the widow of Jonathan Ellsworth.
3 For more than thirty years , [I think, full forty years] by the labor of his hands, and since his own sickness, by the results of that labor, he has supported, in his own family, his sister, Mary Gillespie, now aged seventy or eighty years daughter of the soldier, and all that time, has been, and still is, a hopeless lunatic .

For the last ten years , himself has been disabled by sickness from pursuing any kind of business; and for the last nine or ten months has been confined to his room; from which, in all probability, he will never remove, till he is carried to the grave which must be before long — probably a few weeks, at farthest.
That by the long-continued support, in sickness, and in youth, of his mother, the once widowed wife of the patriot soldier, his father — till she died in 1840, and the long-continued support, and his still supporting, his lunatic sister , the daughter of the soldier; and, now by his own prostrating and most severe, and hopeless sickness, he has so greatly exhausted his means, as to be the subject, (with his family) of the deep commiseration of his friends and fellow-citizens — and yet, unaided, they struggle on, and hope — and,
It is now, in his hour of need, that he appeals to the justice and magnanimity of the Department to replace in a small degree, by what is due to his mother , for his father's services and sacrifice , what he has cheerfully expended, while he had it to expend, for the support of the widowed wife and lunatic, helpless daughter of the soldier who gave his years to the cause of American Independence, enduring hardships which eventuated in his death, leaving, as his only inheritance save the pension now claimed, his widowed wife

and unfortunate daughter , a perpetual tax on his energies, and his feelings as a son and a brother.
Now, without any pecuniary interest direct or indi- rect, in the claim presented, I ask, in the name of God, as the patriotic services have been rendered and the sacrifice, resulting in death, been cheerfully made, if there is any doubt - and with me there is none , shall not the Depart- ment lean to the side of humanity ; and before the patriot son of the soldier sire shall close his eyes in death, which must be in a few weeks at most - and leave his family (with that unfortunate sister, as one) shall be not have the satisfaction of knowing that the claim has been admitted, and he thus enabled to make a little provision thereby, for the family he is soon to leave.
Now My Dear Sir; you have here the history of the case - The pny is on file with the Department - and will you not - I know you will - go immediately to the Commissioner, and lay the whole matter personally before him; and if his views are still in accordance with his opinion in Paper No 1 herewith inclosed, ask him - as Mr Hatreevey is sick, and confined to his bed - to send the Pension Certificate - or, as refer-

able, to save to the poor man the two per cent , (as mentioned in his petition) a Treasury Draft to me , payable to the order of Walter Gillespie, that I may hasten to Rich- land, and assist him, as my old friend - friend of my childhood & youthful years, in winding up his affairs, now sorely agitating his mind; that he may, as he is anxious to do, make what provi- sion for his family he can, call off his thoughts, and quietly lay himself down to die.
If, as I pray God, it may not be, the Department shall rule against the claim, I beg your further patience and efforts, by your going at once to lay the matter before the Attorney General, and ask him for an immediate exam- ination and report, on account of the pre- carious tenor of the claimants (Walter Gillespie's) life - and report, with your usual instant promptitude, the result of the application - and may God succeed the right.
Yours, Very Truly, Hon. C. B. Patterson, for The Commissioner of Pensions.
A. B. Fries
P.S. If, on file, there is no proof of the marriage and death of Mary Ellsworth's second husband, I will forward it. I presume it is there - as a certificate was once made out. A.B.F.

House of Representatives March 15 th - 1840
Sir
The enclosed papers I have received from A. Cray Esq of Clinton American Co N.Y. He found sufficient place for me the entertainment or inform me what further work is necessary
Very respectfully Your obed Servt Jos. L. Hovey
Hon J. L. Pomeroy Chairman of Pensions

Mary Cleveland to Mrs. Gillespie or sister MS. A. 1. 1. 18
And S. H. Hutton
old letter
ERE
Com. of S. H. Hutton
H. Hutton
[Faint, mirrored handwritten text, likely bleed-through from the reverse side of the page. The text is mostly illegible but appears to be a formal letter.]

1600 Bond of Pensions
Sir
At the request of William Gillespie, I send you the enclosed application for copies of papers, in case of his late mother's application for pension, a suspended case; — as she is dead; the children [2] — being in indigent circumstances, tho' of much respectability — feel the necessity of pro- secuting claim for pension due their deceased mother, — died from infirmity & long continued sickness — are unable to give the necessary data to enable agent to prepare declaration, unless the request for the original, or copies, be complied with
I am Sir very resp ly y r obed t
Jay Wathenway
Rome N.Y. May 5. '56